BARAGA - The Keweenaw Bay Indian Community legalized tribally
sanctioned same-sex marriages Saturday, when it passed the third reading
of amendments to its marriage ordinance. The amendments passed by a
narrow 5-4 vote, with one abstention.

The meeting wasn't heavily
attended, but the vote was met with a smattering of applause. Tribal
voters had given their support to same-sex marriage legislation in a
nonbinding referendum in December, and Carole LaPointe, a former council
member who proposed the referendum last year, said she was happy to see
the result.

"Love should have no barriers," LaPointe said. "If a
woman loves a woman or a man loves a man, it shouldn't matter. It's no
different for a woman and a man.

"Many same-sex couples have children, and they're raised just the same."

LaPointe's
daughter Bridget LaPointe and her partner Mariah Dunham, a member of
the Sault Ste. Marie Tribe of Chippewa Indians, said in December they
hoped to marry if the legislation was successful.

"I think it's
the right direction," agreed KBIC member Nikki Reenders-Arens in a later
interview, adding she and her partner Audrey Reenders-Arens had already
talked about marriage and planned to apply for a license soon. In
December, she explained that despite already being joined in a civil
union in IllinoiAudrey would have no legal right to their son, which
Nikki had given birth to, if something was to happen to her.

"It's important to the future," she said. "It protects our son, and we're finally being seen as equal."

The
extent to which the state of Michigan will recognize that equality will
likely depend on a case now before the U.S. Supreme Court. Currently,
Michigan does not recognize same-sex marriages regardless of origin, but
that's being challenged on the basis of the Constitution's equal
protection clause. A ruling on the case is expected this summer.

At
the federal level, eligibility for spousal social security benefits
depends on where an individual or couple resides. Tribally-married
same-sex couples are eligible if they live on the reservation, but not
if they live in a jurisdiction - for now the rest of Michigan - where
same-sex marriage isn't recognized.

The legislation was
accomplished with minimal changes to the existing ordinance, which
allows for the marriage of any Native American - not just KBIC members -
to whomever they choose. The most significant amendments were changing
references to marrying as "between a man and a women" to gender-neutral
references to consenting adults.

Tribal council President Warren
"Chris" Swartz, who spoke of the amendments as "two-spirit marriage"
legislation, referring to the traditional Native conception of people
with non-traditional sexual orientations, said the amendments would
become law as soon as he could sign them Monday or Tuesday. Depending on
administrative procedures, couples could begin applying for marriage
licenses at the tribal courthouse by the end of the week.

Susan
LaFernier, one of the council members who voted against the amendments,
said she wasn't necessarily against same-sex marriage, but "thought it
was such a controversial issue that we should have taken more time," and
been more careful in the wording of amendments.

LaFernier said
the tribe should also have taken the opportunity while making amendments
to increase the legal age for marriage, and to change some of the
wording on adoptions. Currently, the marriage ordinance allows for
minors as young as 16 years old to marry if they had a guardian's
approval. Council member Eddy Edwards voted for the amendments with no
apparent reservations.

"This acknowledges that people can love
each other, whoever they may be," he said. "We need all the love we can
have in this world."